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PURE ICE & COLD STORAGE CO. v. EXCHANGE BANK & TR. CO.

No. 16791.

408 S.W.2d 319 (1966)

PURE ICE & COLD STORAGE COMPANY, Appellant, v. EXCHANGE BANK & TRUST COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 18, 1966.

Attorney(s) appearing for the Case

Biggers, Baker, Lloyd & Carver and John C. Biggers, Dallas, for appellant.

Bailey, Williams, Weber & Allums and Lawrence R. Maxwell, Jr., Dallas, for appellee.

DIXON, Chief Justice.

Appellant Pure Ice & Cold Storage Company seeks to hold appellee Exchange Bank & Trust Company liable on a check payable to appellant drawn on appellee as drawee bank. Appellant's claim is based on the undisputed fact that appellee, after refusing payment of the check because of insufficient funds, failed to return the dishonored check within the time prescribed in Art. 342-704 Vernon's Ann.Civ.St., the Texas Banking Code.

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